Disposed

Abhishek Kumar Tiwari v. State of U.P. and Another

Allahabad HC17 May 2023A482/18297/2023

Case brief

AI extract

What is this about?

In a Section 482 application to quash a summoning order arising under the Mines and Minerals Act, the applicant withdrew the quash challenge and sought a direction for the lower court to decide a compounding application within 15 days. The High Court issued such a direction and disposed of the filing.

What did the court decide?

Direction to the Court below to decide the application for compounding of the offence within 15 days.

Abhishek Kumar Tiwari Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:107640

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 18297 of 2023

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Applicant :- Abhishek Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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List revised.

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Heard Mr. Krishna Kant Shukla, learned counsel for the applicant and Mr. K.P. Pathak, learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 22.11.2022 passed by Chief Judicial Magistrate, Mirzapur in Complaint Case No.7407 of 2022 (State Vs. Abhishek Kumar Tiwari), under Section 4/21 of Mines and Minerals (Development and Regulation) Act, 1957 and Sections 3, 58, 72 of U.P. Sub Mineral (Transportation) Rule, 2021, Police Station-Rajgarh, DistrictMirzapur, pending before Chief Judicial Magistrate, Mirzapur.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission with request that a direction may be issued to the concerned Court below to decide the application dated 16.03.2023 for compounding of the offence, within stipulated period.

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Learned A.G.A. has no objection to the same.

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Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel

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for the applicant as well as learned A.G.A., the Court below is directed to decide the application dated 16.03.2023, so filed, for compounding of the offence, in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of 15 days from the date of production of a certified copy of this order, if there is no other legal impediment.

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With the above observations, the application stands disposed off .

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Order Date :- 17.5.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Abhishek Kumar Tiwari v. State of U.P. and Another

Case brief

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Abhishek Kumar Tiwari v. State of U.P. and Another

Case brief

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